Rinku Biswas v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/9/2024 Rinku Biswas Vs.

The State Mr. R. Pradeep ... for the appellant Ms. A.S.Zinu ... for the respondents June 24, 2024 [SR] Item No.11 Learned counsel for the petitioner argues that the petitionerlady is in custody for about 8 years 9 months. The primary witnesses have been substantially examined, including two daughters of the petitioner who are alleged by the prosecution to have been eye-witnesses to the incident.

It is further submitted that out a total number of 38 witnesses, only 10 have been examined.

Learned counsel for the prosecution strongly opposes the prayer for bail and submits that the petitioner is originally a resident of Kolkata and if enlarged on bail, there are high chances that she will flee justice.

Moreover, the trial has been fixed on three consecutive dates and day-to-day trial is going on.

That apart, it is submitted that the nature of the crime was heinous.

We find from the records that the petitioner is already in custody for a prolonged period and we not convinced as to why further custodial trial is necessary.

Moreover, since the daughters, who were eye witnesses, have already been examined, there is no justification in apprehending that the petitioner may influence such witnesses.

Accordingly, CRM(DB)/9/2024 is allowed, thereby granting bail to the petitioner on condition of the petitioner furnishing bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom must be local.

That apart, the petitioner shall not enter the territorial jurisdiction of the North and Middle Andamans throughout the period of trial and shall not leave the territorial jurisdiction of the South Andamans, also throughout the period of trial. Further, the petitioner shall attend the Trial Court on each and every date of trial.

The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person having acquaintance with the facts and circumstances of the case so as to dissuade such person from disclosing such facts to the court or to any police officer and/or tamper with evidence in any manner whatsoever. ( Sabyasachi Bhattacharyya, J. ) ( Ajoy Kumar Mukherjee, J.